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IP Cases & Articles
Santen (C-673/18): CJEU takes a restrictive view on first authorisation for new therapeutic applications
In July 2020, the CJEU handed down its eagerly anticipated decision concerning the question of whether applicants can be granted an SPC based on a “second medical use” patent and a marketing authorisation for a new therapeutic application of a medicinal product previously authorised for a different application. This decision… -
IP Cases & Articles
EUIPO joins WIPO DAS for EU registered design applications
In a welcome announcement, the EUIPO has confirmed that, with effect from 11 July 2020, it is now possible for any submitted EU registered design application to be made available to the Digital Access Service (DAS), which is run by WIPO. -
IP Cases & Articles
UK withdraws its ratification of the Unified Patent Court
In a move which appears to run counter to the German Government’s intention to bring the Unified Patent Court (UPC) system into effect, the UK Government announced, on Monday 20 July 2020, by way of diplomatic memorandum, that the UK has withdrawn its ratification of the UPC Agreement (UPCA) with… -
IP Cases & Articles
WIPO PROOF: a new tool to safeguard your IP
On 27 May 2020 the World Intellectual Property Organization (WIPO) launched a new digital notarisation tool which allows users to obtain a tamper-proof evidence of the existence of any digital file at a specific point in time. -
Newsletter
Trade Mark Newsletter No.111
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IP Cases & Articles
Bad faith grounds for invalidating Chinese characters
Bad faith is a ground that can only be used against an EUTM post registration and not beforehand during opposition proceedings. In this case, Inner Mongolia Yili Industrial Group Company Limited (the invalidity applicant) is a market leader in dairy production in China, where its trade mark 伊利 (yīlì) has… -
IP Cases & Articles
Damages still available for infringement even where trade mark revoked
The CJEU has ruled that compensation is still, in principle, available for infringement of a trade mark which has subsequently been revoked for non-use. The decision is the result of a preliminary reference from the Cour de Cassation in France in the context of infringement proceedings between AR and Cooper… -
IP Cases & Articles
Reputation and the power of the influencer: Sugar Bear Hair v Beauty Bear
The Opposition Division and Board of Appeal at the EUIPO have highlighted the power of influencer promotion, referencing social media endorsements by the Kardashians, in a finding of reputation and enhanced distinctiveness. -
IP Cases & Articles
UK High Court has no APPetite for icons that fail to practice social distancing
App icons allow mobile users to discriminate between different software. To attain maximum impact in a competitive space, descriptive words are frequently found under the logo. This interplay between trade marks and app icons was at the centre of PlanetArt LLC v Photobox Ltd, a recent trade mark and passing… -
Team
Kamila Geremek
I carry out contentious and non-contentious trade mark, design and copyright matters across the UK, EU and internationally. I enjoy working with clients to support their enforcement strategies and resolve disputes. I joined D Young & Co in 2020 and qualified as a solicitor in 2023. I advise on the…
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